In January 2012, TRIAL submitted an individual communication to the United Nations Human Rights Committee regarding the enforced disappearance of Mr. Padman Narayan Nakarmi in September 2003. In this case TRIAL also represents the victim's wife, Mrs. Ram Maya Nakarmi and the interests of their daughter, Ms. Luman Nakarmi, who was three years old at the time of Mr. Nakarmi's enforced disappearance.
At the time of his arrest and subsequent enforced disappearance, Mr. Nakarmi worked as an iron monger in a small iron grill enterprise in Bungmati, Lalitpur. He had never been arrested previously. On
His relatives took numerous steps in order to find him. Mrs. Ram Maya Nakarmi visited Bhairab Nath Barracks in Maharajgunj, Lagankhel Barracks in Lalitpur, the Nepal Police Headquarters in Naxal,
A few days after Mr. Nakarmi's arrest, Mrs. Nakarmi also attempted to register a First Information Report (FIR) with the DPO in Patan. The DPO refused to register the FIR on the grounds that it was impossible in the current case as enforced disappearance was not a listed crime under national legislation. It was only three years later, in 2006, that Mrs. Nakarmi was allowed to file a FIR with the DPO Hanumandhoka,
In response to the lack of investigation and prosecution, on 4 January 2007, Mrs. Nakarmi filed a writ of mandamus before the Supreme Court of Nepal against different offices of the government and several specific individuals from the then RNA.
In the same year, on
Apart from a minimal interim compensation of 100,000 NRs (approximately 1.000 euros) received in June 2009 by Mrs. Ram Maya Nakamri, the above decision by the Supreme Court has fallen on deaf ears as it has not been acted upon or implemented in any meaningful way to date by the national authorities.
In January 2012, TRIAL submitted an individual communication to the United Nations Human Rights Committee asking it
The enforced disappearance of Mr. Padam Narayan Nakarmi is part of the context of internal armed conflict which Nepal has experienced between February 1996, when the Communist Party of Nepal (Maoist) overtly declared war against the official governmental authorities of Nepal, and November 2006, when the different parties to the conflict signed the Comprehensive Peace Agreement sanctioning a formal end to hostilities.
The conflict rapidly spread all over the country. In 2001, when violence truly escalated into a civil war, a state of emergency was declared. The conflict caused not only severe economic and social damages in
[From TRIAL: http://www.trial-ch.org]